83R5854 PMO-F
 
  By: Smithee H.B. No. 1402
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain rebates and incentives for purchasing certain
  roofing services; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1806, Insurance Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E. ADDITIONAL PROVISIONS APPLICABLE TO RESIDENTIAL
  PROPERTY INSURANCE
         Sec. 1806.201.  REBATES AND INCENTIVES FOR ROOFING SERVICES
  PROHIBITED; PENALTY. (a) A person who provides roofing services to
  repair or replace a roof the repair or replacement of which is or
  may be covered by a residential property insurance policy may not
  offer or provide consideration, including a discount, rebate, or
  product voucher, to reduce, directly or indirectly, a covered
  person's out-of-pocket expense related to the purchase of the
  roofing services.
         (b)  A person who intentionally, knowingly, or recklessly
  violates Subsection (a) is liable for a civil penalty, recoverable
  by a civil action brought by the attorney general, in an amount not
  to exceed $1,000 for each violation.
         (c)  A civil penalty authorized by this section is in
  addition to any other civil, administrative, or criminal remedy
  provided by law.
         SECTION 2.  (a) The change in law made by this Act applies
  only to a violation committed on or after the effective date of this
  Act. For purposes of this section, a violation is committed before
  the effective date of this Act if any element of the violation
  occurs before that date.
         (b)  A violation committed before the effective date of this
  Act is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.